If a tree falls in the forest, can I keep it?

March 7, 2019 8:46 PM

A snowstorm last week brought down several trees on my property and my neighbor’s property. Some of his trees fell onto my property. Some of my trees fell onto his property.

(Yeah, it’s a mess. We were snowed in for a week and are now on day 11 without power.)

We both want the wood from the fallen trees.

My feeling is that whatever has fallen and is on his property is his, and vice versa. It’s starting to look like he thinks it belongs to whomever can get to it first. I’d like to know the law on the matter before I start arguing with him about it and make a fool out of myself.

Is there any law about who has the rights to the wood? This is in Lane County, Oregon, USA. Not inside any city limit.

There is no damage to any structures. This is not a liability or insurance question.

Thanks!

posted by SLC Mom to Law & Government (11 answers total)

IANAL, but most treelaws™ are concerned with liability or responsibility (e.g. if a tree on private property falls into a public highway) but Oregon has a timber trespass law meant to dissuade illegal felling and logging that makes life more complicated when trees are horizontal.

The nice way to deal with this is to talk to your neighbor and tell him what you think is fair in terms of divvying out tree. The less nice but equally fair way is to say that he's not allowed to trespass on your property and you'll call the cops if he does.
posted by holgate at 9:40 PM on March 7, 2019

This NOLO Press Book looks helpful...
posted by calgirl at 10:13 PM on March 7, 2019

It's specific to Portland so it may be specific to their laws rather than statewide, but this would seem to indicate that what's landed on your property is yours and what's on his is his.

But is a few hundred dollars of firewood worth years of animosity with a neighbor? Unless there's a wide discrepancy with who would get what, going halves and sharing the labor of cutting it up seems wise. Assuming that there isn't already animosity from something else.
posted by Candleman at 10:16 PM on March 7, 2019 [13 favorites]

This is your neighbor. Having a fued or bad blood with a neighbor is a nightmare to be avoided. Go talk to him. Have all of the wood cut and then split everything in half. You both get the wood you want and you don't have a problem with an unwanted legacy. If significantly more of his large trees fell on your land and you're trying to get the better slice of pie, reconsider.
posted by quince at 12:29 AM on March 8, 2019 [4 favorites]

He could be:

A. One of those people who likes to take care of things ASAP;

B. Bored from lack of power and nothing to do:

C. Concerned that you might be upset if he left his trees on your property.

Just talk to him.
posted by Marie Mon Dieu at 2:33 AM on March 8, 2019 [13 favorites]

If he gets to it first, and you are right, what are you going to do about it?

I'd just play his game and get chopping. Theft from a wood pile might be taken more seriously then Grand Lansdscaping.
posted by TheAdamist at 5:12 AM on March 8, 2019

Solomon said to cut the baby in half. When dividing a cake in two equitably, the applicable algorithm is "I cut, you choose". (Also Biblically derived, see Genesis 13 where Abraham divides the land of Canaan, and then Lot chooses which half he wants.) So similarly: suggest to him that he cuts all of it and divides it into two piles, and you'll choose which one you want. Or vice versa. Or you both work on the cutting and piling and draw straws to see who picks first. In any case, I'm nthing that you need to talk this over reasonably. Maybe after the power is back on and everybody's a bit more relaxed.
posted by beagle at 7:28 AM on March 8, 2019 [1 favorite]

Nthing that the right answer here is probably to just divvy it up equally, or if an equal number of trees fell on everyone's property, just call it even.

The problem comes in if your neighbor thinks they get access to all the wood if they can get to all the wood first, regardless of property lines. I feel like if you can talk to them very soon, though, you might be able to reason with them before this goes too far?
posted by the milkman, the paper boy at 9:43 AM on March 8, 2019

Why don't you and your neighbor talk, and hire someone to cut the wood and deliver it to your woodpiles. Sometimes people might do this stuff for a portion of the wood.
posted by Oyéah at 10:53 AM on March 8, 2019 [1 favorite]

Call the town office; they are likely to know the law.
posted by theora55 at 11:15 AM on March 8, 2019

Response by poster: Well, thanks for all the advice on getting along with my neighbor, I guess. He is the kind of guy with whom it’s a good idea to count your fingers after you shake his hand. I work with him by nicing the hell out of every interaction and watching my back like a hawk.

I will assume that there is no actual law about our trees and work it out from there.
posted by SLC Mom at 12:48 PM on March 13, 2019